Terms & Conditions
This website is operated by Pongalbasket.com. Throughout the site, the terms “we”, “us” and “our” refer to Pongal Basket and we offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. This document is an electronic record and it does not require any physical or digital signatures.
By visiting our site and/ or purchasing something from us, you engage us and agree to be bound by the following terms and conditions, including those additional policies referenced herein. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any services.
- “We”, “Us”, “Our” shall mean Pongalbasket.com
- “You”, “Your”, “User” refers to the user of the Website. “User” is anyone who is visiting, accessing, browsing or placing an order through the Website
- “Content” refers to any text, image, graphic, video, audio, or all forms of data which are made available on the Website.
- “Order” means your order for products made via the site;
- “Products” means goods which may be purchased by you from the site;
- “Site” means the website at Pongalbasket.com or any successor site operated by us from time to time.
This website is operated by Pongalbasket.com. Our email address is firstname.lastname@example.org. Our nature of business is procuring, packing/repacking, marketing and selling of ready to eat savories, Indian made sweets, authentic foods and their substances and we have valid license for that under the Food Safety and Standards Act, 2006.
The Site listed Products are Indian authentic supplements related which falls under the category of snacks and food. These products are sourced from valid vendors or manufacturers or providers in India.
We have made every effort to display the colours of our Products that appear on the Site as accurately as possible. However, as the actual colours You see will depend on your monitor, We cannot guarantee that your monitor's display of any colour will be accurate.
PRICES AND MODIFICATION OF PRICES
Our Products prices are quoted on the site. The site contains a large number of Products and it is always possible that some of the Products listed on the site may be incorrectly priced. We will verify prices as part of our sale procedures so that a product’s correct price will be stated in view cart option when you pay for the product.
Prices for Our Products are subject to change without notice. We reserve the right at any time to modify the Products prices without notice at any time. We shall not be liable to you or to any third-party for any modification, price change and suspension.
Payment for all Products must be made by debit/credit card /Net banking or any method detailed on the Site from time to time. Once you have completed the entire payment then only Your Order will be effective and it placed for shipment process. Your Order is not effective until We received the entire payment. We are not liable for any discrepancy/fault that are all happened through banking website/payment gateway procedures or any third party links.
BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at Site. You agree to promptly update Your account and other information, including Your email address and credit/debit card or prescribed numbers and expiration dates, so that We can complete Your transactions and contact You as needed.
We will arrange for the shipment of Your Order Products to be delivered to the address for delivery indicated in Your Order. We will use reasonable endeavors to deliver Products and Our delivery process will be commenced immediately from the effective date and time of the Order. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 5 days from the date and time of Your Order. We will keep the dispatch receipt and it should be treated as the document of proof for the dispatch.
In addition to the price of the Products, You will have to pay a delivery charge, which will be as stated in the view cart option when you pay for the Product. We may withhold the Products and/or terminate this agreement if the price is not received from You in full, on time, in cleared funds.
Persons who are "incompetent to contract" within the definition of the Indian Contract Act, 1872 are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. You are prohibited from purchasing any material, which is for adult consumption and the sale of which to minors, is prohibited.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at Your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, You agree that it is your responsibility to monitor changes to Our Site.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on Our Site or in the service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after You have submitted Your Order). We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law.
REFUNDS AND CANCELLATION
Any of the Order placed in Our Site will be subject to cancellation before shipping and the said request should reach us before the shipping of the Products. This will not apply to specially packed Products and We will not be entertained cancellation on such cases. We will be paid the entire payment to You, who are all cancelled the Order before shipment. Any refund request will get processed with in two days of accepting the cancelation policy.
We will usually refund any money received from You using the same method originally used by You to pay for Your Order. We will process the refund due to You as soon as possible and, in any event, within 10 days of the day We received Your notice of cancellation.
You further acknowledge that the Site may contain information which is designated confidential by Us and that you shall not disclose such information without Our prior written consent.Your information is regarded as confidential and therefore will not be divulged to any third party except as set forth in this and any other term applicable to Our Site.
You agree to defend, indemnify and hold harmless Pongalbasket.com its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Pongalbasket.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this Terms and Conditions or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Terms and Conditions.
We warrant to You that any Product You Order through the Site will be of satisfactory quality.You warrant to us that: You have full authority, power and capacity to enter into this Terms and Conditions and that all necessary actions have been taken to enable You to lawfully enter into this Terms and Conditions; You are legally capable of entering into binding contracts; You are at least 18 years old; the information provided in the Order is accurate; and You will be able to accept delivery of the Products as contemplated in Your Order. Subject to the warranties set out in above, to the maximum extent permitted by applicable law We disclaim all warranties with respect to the Products, whether express or implied.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
THIRD PARTY LINKS
Certain content, products and services available via our Site may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Terms and Conditions for all purposes. These Terms and Conditions are effective unless and until terminated by either You or Us. You may terminate at any time by notifying Us that You no longer wish to use Our services, or when you cease using Our Site. If in Our sole judgment You fail, or We suspect that You have failed, to comply with any term or provision of these Terms and Conditions, We also may terminate at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to Our Site.
- All the Content about the Products on the Site are for illustrative purposes; actual products may differ from such images or Content .
- No waiver of any term, provision, or condition of this Terms and Conditions, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Terms and Conditions.
- The Products will be at Your risk from the time of dispatch and ownership of the Products will only pass to You after We receive full payment of all sums due in respect of the Products which is inclusive of delivery charges.
- You may not assign, charge, sub-contract or otherwise transfer this Terms and Conditions, or any of Your rights or obligations arising under this Terms and Conditions. Any attempt by You to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Terms and Conditions, or any of our rights or obligations arising under this Terms and Conditions, at any time – providing such action does not serve to reduce the guarantees benefiting You under this Terms and Conditions. This Terms and Conditions is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person.
- In no event We shall be liable or responsible for any failure or delay in the performance of Our obligations hereunder arising out of or caused by directly or indirectly, forces beyond Our control.
- This Terms and Conditions contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
GOVERNING LAW AND JURISDICTION
This Terms and Conditions shall be construed in accordance with the applicable laws of India. The Courts at Chennai shall have exclusive jurisdiction in any proceedings arising out of this Terms and Conditions. Any dispute or difference either in interpretation or otherwise, of any terms of this Terms and Conditions between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Pongalbasket.com and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Chennai. The High Court of judicature at Madras alone shall have the jurisdiction and the Laws of India shall apply.